Articles by: Delphine S. Adams

MOLD AND THE RESIDENTIAL LANDLORD

On January 1, 2016, Senate Bill 655 became effective.  Notwithstanding the Toxic Mold Protection Act of 2001 and the absence of guidelines and standards under this act, Senate Bill 655 explicitly lists mold as a problem which may potentially render a property uninhabitable or substandard.  The law primarily affects residential rental properties. The Mold Act […]

CFPB Postpones Integrated Disclosure Enactment Date

The Consumer Finance Protection Bureau issued a final ruling postponing the effective date of the Know Before You Owe mortgage disclosure rule also known at the TILA-RESPA Integrated Disclosure rule to October 3, 2015. The original effective date was August 1, 2015. For more information, please contact Delphine Adams via email.

TAXES, TAXES AND MORE TAXES

A bill has been introduced that would impose a sales tax on services.  Senate Bill 8 sponsored by Senator Hertzberg would impose a tax on consumer services, including services associated with a real estate purchase and sale transaction.  Among the proposed services that would be taxed are home inspection fees, structural pest control inspection fees, […]

2015 Laws Affecting Real Estate

As the last quarter of 2014 looms before us, our California Legislature, spurred on by real estate interest groups including the California Association of Realtors, has been busy implementing and sponsoring new legislation that either directly or indirectly affects real estate in California.  Below are some of the new laws that will take effect on […]

Sellers Beware: Disclosure Requirements Expanded

In March 2014 we provided warning that new seller disclosure requirements would become effective July 1, 2014.  These expanded disclosure obligations are now in effect.  Sellers of single family residential property must now disclose certain construction defect claims.  A new Transfer Disclosure Statement expanding the disclosure obligation of sellers of single family residences, defined as […]

Update on Horiike v. Coldwell Banker

In a unanimous decision, the California Supreme Court granted review of Horiike v. Coldwell Banker, S218734.  The appellate court upheld the decision of the trial court that two different salespersons within the same brokerage, one representing the seller and one the buyer, were dual agents, and that the seller’s agent owed fiduciary duties to the […]

Seller’s Disclosure Obligation Further Expanded

Sellers of single-family residential real property in California are required by law to provide a real estate transfer disclosure statement, with certain limited exceptions. The contents of this disclosure are specificed by law. (California Civil Code, Section 1102.) Beginning July 1, 2014, a seller’s disclosure obligation in connection with the sale of a single-family (one […]

Adjoining Landowners

Under California law, adjoining landowners, those with properties contiguous or in contact with each other, share equally the responsibility for maintaining boundaries and monuments between them. Adjoining landowners are actually presumed to share an equal benefit from any fence dividing their respective properties, and unless otherwise agreed in writing, are also presumed to be equally […]

Good News for Homeowners Requiring Flood Insurance

On March 4, 2014, the United States House of Representatives, in a 306 to 91 vote, passed H.R. 3370 aimed at scaling back the grossly escalated premiums for government-sponsored  flood insurance.  Supporters of the legislation applaud this action saying it will stem the effects of the ill-conceived increase in premiums and reinvigorate real estate markets […]

A Bullet Dodged

In February 2013 AB 1164, known as the California Fair Paycheck Act, was introduced. The Bill, if passed, would allow an employee, or an entity including a governmental agency on behalf of the employee, provided that agency was to receive a portion of the compensation payable, to record and enforce a wage lien upon an […]

Vineyard Purchases: Avoid Attorney Fees, Get a Survey

All too often purchasers of real property make assumptions about the extent of land included in their purchase, relying on visible landmarks such as tree lines and existing fences.  Despite the opportunity, and many times admonitions, to engage a land surveyor prior to the consummation of a purchase, prospective buyers often times wait until after […]